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81sT CONGRESS} HOUSE OF REPRE~$,:~TATIVES {' REPORT
~d Session ,\. _ No. 2275
PROVIDING FOR THE ORGANIZ TION OF A CONSTITU­TIONAL
GOVERNMENT BY THE PEOPLE OF PUERTO
RICO '
JUNE 19, 1950.-Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. ASPINALL, from the Committee on Public Lands, submitted the
, following
REPORT
[To accompany S. 3336]
The Committee on Public Lands to whom was referred the bill
(S. 3336) to provide for the organization of a constitutional government
by the people of Puerto Rico, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
EXPLANATION OF THE BILL
This bill would authorize the people of Puerto Rico to adopt their
own constitution and to organize a local government which, under the
terms of S. 3336, would be required to be republican in form and con­tain
the fundamental civil guaranties of a bill of rights. Specific
provision is made for an island-wide referendum in which the people
of Puerto Rico will be given the opportunity to accept or reject this
legislative proposal.
A provision also is made in the bill for the submission to, and rati­fication
by Congress, of any proposed constitution before it becomes
effective, and the bill specifically provides that it shall not become
effective until it is approved by a majority of the voters participating
in an island-wide referendum.
In 1917 the Congress established the framework of Puerto Rico's
government by enacting the Organic Act of Puerto Rico. This act
f~ / .~
2 GOVERNMENT BY THE PEOPLE OF PUERTO RICO
created a popularly elected legislature with broad powers in local
legislative matters, and provides for an executive branch and judicial
branch of the government. The people of Puerto Rico were author­ized
to elect a Resident Commissioner, accredited to the Department
of State and to be recognized as such Commissioner by all departments
of the United States Government. Besides, he has been extended the
privileges of membership in the House of Representatives, with power
to serve on committees, to introduce legislation, and to be heard on
the floor of the House, but with no power to vote. Under the organic
act of 1917 the people of Puerto Rico were made citizens of the
United States, and their civil rights guaranteed by a bill of rights
analogous to the Bill of Rights of the Constitution.
The most significant action taken by the Congress, since the enact­ment
of the organic act, toward granting Puerto Rico greater se1£­government
was in 1947, when it permitted the people of Puerto Rico
to elect their governor and permitted the governor to select the mem­bers
of his cabinet. .
By permitting the people of Puerto Rico to formulate and by their
own initiative and choice adopt a constitution, S. 3336 would further
implement the self-government principle established by the Congress
as the cornerstone and fundamental policy governing the relationship
of the United States toward territories over which it has jurisdiction.
It would, moreover, fulfill in a most exemplary fashion our obliga­tions
with respect to Puerto Rico under chapter XI of the charter
of the United Nations, relating to the administration of non-se1£­governing
territories-to
develop self-government, to take due account of the political aspirations of the
peoples, and to as ist them in the progressive development of their free political
institutions, according to the particular circumstances of each territory and its
peoples and their varying stages of advancement.
The people of Puerto Rico and their representatives have expressed
their overwhelming support in favor of legislation which would permit
them to adopt a constitution. In the recent election in Puerto Rico the
Popular Democratic Party which specifically campaigned in favor of
such legislation received approximately 62 percent of the Puerto Rican
votes cast in the election, thereby decisively defeating the opposition,
including the party running on a platform for the independence of
Puerto Rico, and the coalition running on a platform for statehood for
Puerto Rico. Further, resolutions were recently passed unanimously
in both the senate and house of representatives of the insular legisla­ture
in favor of legislation which would permit the adoption of a
constitution by the people of Puerto Rico, with only one abstaining
vote in each of the houses. A similar bill was introduced in the House
by the Resident Commissioner of Puerto Rico about which this com­mittee
received eloquent testimony from Gov. Luis Munoz-Marin,
Resident Commissioner Antonio Fern6s-Isern, and other witnesses.
This legislation constitutes a reflection of the very strong sentiment
which exists in Puerto Rico for a greater measure of local autonomy
which this bill represents. The Department of the Interior and th~
GOVER MENT BY THE PEOPLE OF PUERTO RICO 8
Department of State have urged in. stro,ng language immediate
passage of this measure.
Labor organizations, the Chamber of Commerce of Puerto Rico, the
justices of the Supreme Court of Puerto Rico, all the mayors of the
77 municipalities in the island, except one, have supported the bill.
It is important that the nature and general scope of S. 3336 be made
absolutely clear. The bill under consideration would not change
Puerto Rico's fundamental political, social, and economic relationship
to the United States. Those sections of the Organic Act of Puerto
Rico pertaining to the political, social, and economic relationship of
the United States and Puerto Rico concerning such matters as the
applicability of United States laws, customs, internal revenue, Federal
judicial jurisdiction in Puerto Rico, Puerto Rican representation by
a Resident Commissioner, etc., would remain in force and effect, and
upon enactment of S. 3336 would be referred to as the Puerto Rican
Federal Relations Act. The sections of the organic act which section
5 of the bill would repeal are the provisions of the act concerned
primarily with the organization of the local executive, legislative, and
judicial branches of the government of Puerto Rico and other matters
of purely local concern.
One further point of clarification. This bill does not commit the
Congress, either expressly or by implication, to the enactment of
statehood legislation for Puerto Rico in the future. Nor will it in
any way preclude a future determination by the Congress of Puerto
Rico's ultimate political status.
The United States has never made any promise to the people of
Puerto Rico, or to Spain from whom Puerto Rico was acquired, that
Puerto Rico would eventually be admitted into the Union. In fact,
our commitment with respect to Puerto Rico and to the other areas
«eded by Spain under the Treaty of Paris differed considerably from
commitments made with respect to previously acquired areas, and
lands constituted as Territories. Our practice in this regard is
reviewed briefly to show the difference. •
During 1781 to 1802, the Original Thirteen States ceded to the
Federal Government certain lands reaching out as far west as the
Mississippi, and lying north and south of the Ohio River. These
lands were divided into two large areas, lmown as the Northwest
Territory and the Southwest Territory, respectively. The Northwest
Ordinance enacted. by the Congress for the government of the North­west
Territory and under which the Territory was incorporated into
the Union, set the pattern for organic legislation for all of the Terri­tories
established on the mainland which now' comprise the United
States. The Northwest Ordinance granted the people of the North­west
Territory certain basic personal and political rights; it established
a form of government for the Territory; it outlined the Territory's
future political status. It did the latter by expressly providing that
when the population in any of the districts into which the Territory
was divided should have reached a certain figure, the district was to.
4
7/
GOVERNMENT BY THE PEOPLE OF PUERTO RICO
be admitted into the Union as a State. This promise of future state­hood
upon the fulfillment of certain conditions was included in the
organic legislation for other contiguous territories of the United States,
such as the Southwest Territory, the Territory of Orleans which was
set up in the land acquired by the Louisiana Purchase, and so on.
To these areas the Constitution and laws of the United States were
extended, thus incorporating them into the Union.
In due course the promise of statehood was fulfilled for each of these
areas. Alaska and Hawaii differ from these early Territories only in
the fact that they are noncontiguous to the mainland. The organic
legislation provided for them is very similar to the organic legislation
of the mainland Territories. The Constitution and laws of the
United States were extended to Alaska and Hawaii and, therefore,
just as in the case of the other incorporated Territories which became
States, Alaska and Hawaii have a claim to statehood. Admission of
Alaska and Hawaii, now incorporated Territories, to statehood, would
complete the pattern set by the Northwest Ordinance and carried over
by the organic legislation of the Territories on the mainland, that a
Territory once incorporated is destined for ultimate statehood.
Alaska and Hawaii are our only remaining incorporated Territories.
We have given neither an expressed nor an implied pledge of incor­poration
or of statehood to the people of any of the other non-self­governing
Territories under our jurisdiction. Puerto Rico has not
been so incorporated. Puerto Rico is "unincorporated Territory."
The Constitution has never been extended to Puerto Rico. Puerto
Rico does not, therefore, have the claim of statehood which the main­land
Territories in Alaska and Hawaii have.
In conclusion, it is the feeling of this committee that the people of
Puerto Rico have demonstrated by their intelligent administration of
local governmental activities, by their extensive use of the franchise,
and by their high degree of political consciousness, that they are
eminently qualified to assume greater responsibilities of local self­government.
The extent and nature of the political, economic, and social develop­ment
of Puerto Rico warrants the advancement in self-government
which S. 3336 would make possible. Such action by the Congress
would be a clear expression of our esteem for the people of Puerto Rico.
It would be a fundamental contribution to the art and practice of the
government and administration of Territories under the sovereignty
-of the United States. Finally, enactment of S. 3336 would stand forth
as a concrete demonstration to the nations of Latin America and the
world, and especially the people of Puerto Rico, that the United States
translates its principles of democracy and self-determination into
action.
The Committee on Public Lands unanimously recommends the
enactment of S. 3336.
The favorable reports of the Department of the Interior, the Depart­ment
of State, and the Bureau of the Budget, addressed to the Senate
Committee on Interior and Insular Affairs, are as follows:
GOVERNMENT BY THE PEOPLE OF PUERTO RICO 5
DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington 25, D. C., May 19, 1950.
Hon. JOSEPH C. O'MAHONEY,
Chairman, Committee on Interior and Insular Affairs,
United States Senate, Washington, D. C.
My DEAR SENATOR O'MAHONEY: This is in reply to your request for the views
of this Department on S. 3336, a bill to provide for the organization of a constitu­tional
government by the people of Puerto Rico.
I strongly urge the enactment of S. 3336, with the amendment suggested.
It is important at the outset to avoid any misunderstanding as to the nature and
general scope of the proposed legislation. Let me say that enactment of S. 3336
will in no way commit the Congress to the enactment of statehood legislation for
Puerto Rico in the future. Nor will it in any way preclude a future determination
by the Congress of Puerto Rico's ultimate political status. The bill merely au­thorizes
the people of Puerto Rico to adopt their own constitution and to organize a
local government which, under the terms of S. 3336, would be required to be repub­ican
in form and contain the fundamental civil guaranties of a bill of rights.
The framework of Puerto Rico's government has been prescribed by the
Congress, by the enactment in 1917 of the Organic Act of Puerto Rico. This
organic act established a popularly elected legislature with broad powers in local
legislative matters, and provided for an executive branch and a judicial branch of
the government. It authorized the people of Puerto Rico to elect a representa­tive
to the Congress, accredited to the House of Representatives, with power to
serve on committees, to introduce legislation, and to be heard on the floor of the
House, but with no power to vote. Under the organic act the people of Puerto
Rico were made citizens of the nited States, and had their civil rights guaranteed
by a section of the act which closely paralleled the language of the Bill of Rights of
the Constitution.
Since the enactment of the organic act, the most notable step taken by the
Congress toward granting Puerto Rico an increased measure of local self-govern­ment
was in 1947, when it permitted the people of Puerto Rico to elect their Gov­ernor
and permitted the Governor to select the members of his cabinet, except
for the auditor of Puerto Rico, who remains a Presidential appointee.
S. 3336 would be a further implementation of the self-government principle
adopted by the Congress. It would permit the substitution, by action of the
people of Puerto Rico, of a constitution of their own choosing for the present
"constitution", the organic act, which was handed to them by the Congress.
The bill under consideration would not change Puerto Rico's political, social,
and economic relationship to the United States. Those sections of the Organic
Act of Puerto Rico pertaining to the political, social, and economic relationship
of the United States and Puerto Rico concerning such matters as the appli­cability
of United States laws, customs, internal revenue, Federal judicial juris­diction
in Puerto Rico, Puerto Rican representation in the Congress by a Resident
Commissioner, etc., would remain in force and effect, and upon enactment of
S. 3336 would be referred to as the Puerto Rican Federal Relations Act. The
sections of the organic act which section 5 of the bill would repeal are the pro­visions
of the act concerned primarily with the organization of the local executive,
legislative, and judicial branches of the government of Puerto Rico and other
matters of purely local concern. These matters would be provided for in any
constitution adopted and any local government organized by the people of Puerto
Rico.
For your convenience, I enclose a brief analysis indicating the general nature
of the sections of the organic act which would, and those which would not, be
repealed by S. 3336. It is suggested that the bill be amended by striking out
the number "55" appearing on page 3, line 15. No repeal of section 55 of the
Organic Act of Puerto Rico would be required since that section has already been
repealed by section 39 of title 28 of the United States Code (62 Stat. 992).
The eloquent testimony of Gov. Luis Munoz-Marfn before the Senate Interior
and Insular Affairs Committee in behalf of this legislation is a reflection of the very
strong sentiment which exists in Puerto Rico for a greater measure of local
autonomy. The people of Puerto Rico have demonstrated by their high degree of
~ 7.3
6 GOVE~NMENT BY THE PEOPLE OF PUERTO RICO
political consciousness, by their extensive use of the franchise, and by their success­ful
and intelligent administration of local governmental activities, that they are
eminently qualified to assume greater responsibility of self-government.
The time has come to permit the people of Puerto Rico to adopt their own
constitution. Enactment of S. 3336 would be a reaffirmation by the Congress of
the self-government principle which has been the cornerstone of United States
policy toward its Territories. Such action by the Congress would be a clear
expression of our esteem for the people of Puerto Rico. It would also be a con­crete
demonstration to the nations of the world, and especially the people of
Puerto Rico, at a time when territorial administration is a matter of constant
discussion in the United Nations, that the United States translates its principles
of democracy and self-determination into action.
The Bureau of the Budget has advised that enactment of this legislation would
be fully in accord with the program of the President.
Sincerely yours,
OSCAR L. CHAPMAN,
SlXretary of the Interior.
GENERAL NATURE OF SECTIONS OR PARTS OF SECTIONS OF THE ORGANIC ACT WHICH
WOULD REMAIN IN FORCE A D EFFECT A D UPON ENACTMENT OF S. 3336 WOULD
BE KNOWN AS THE PUERTO RICAN FEDERAL RELATIONS ACT
Section 1: Provides that the organic act shall apply to the island of Puerto
Rico and adjacent islands.
Section 2: Comity clause.
Section 3: Prohibits export duties; permits imposition by the insular govern­ment
of internal revenue and other taxes; permits the issuance of bonds, but
limits indebtedness; provides for the exemption of bonds issued pursuant to this
section from taxation.
Section 5 (a) (b) (c): Contains United States citizenship provisions for Puerto
Ricans.
Section 6: Provides that the expenses of the insular government shall, except
for United States public works, be paid out of the insular treasury.
Section 7: Provides for the transfer of property to Puerto Rico ceded by Spain
to the United States; also provides for the mutual transfer of property between
the United States and Puerto Rico.
Section 8: Contains provisions relating to the jurisdiction of the United States
and Puerto Rico with respect to harbor areas, navigable streams, bodies of water,
and submerged lands in and around Puerto Rico.
Section 9: Provides that United States laws, except the internal revenue laws,
are applicable to Puerto Rico, except where locally inapplicable; also contains
proviso returning the internal revenue taxes to Puerto Rico.
Section 10: Provides that all judicial process in Puerto Rico shall run in the
name of the United States or the people of Puerto Rico; also provides for an oath
of allegiance.
Section 11: Provides that reports by the Governor and insular departments
are to be made to the Federal agency designated by the President to have adminis­trative
jurisdiction over Puerto Rico.
Section 36: Contains provisions relating to the election, eligibility, salary,
allowances, etc., of the Resident Commissioner.
Section 37 (part): Defines the extent of the legislative authority of the Legis~
lature of Puerto Rico.
Section 38 (part): Declares the Interstate Commerce Act and certain other
Federal acts inapplicable in Puerto Rico.
Section 41: Contains provisions relating to the United States District Court
for the District of Puerto Rico and the judge and officials of that court.
Section 42: Provides that the laws of the United States relating to appeals
certiorari, removal of causes, and other matters or proceedings as between the
courts of the United States and the courts of the several States shall govern in
such matters and proceedings as between the United States District Court for
the District of Puerto Rico and the courts of Puerto Rico. It also provides that
GOVERNMENT BY THE PEOPLE OF PUERTO RICO 7
-all pleadings and proceedings in the United States District Court for the District
.of Puerto Rico shall be conducted in the English language.
Section 44: Prescribes qualifications for jurors selected to serve in the United
States District Court for the District of Puerto Rico.
Section 45: Provides for disposal of fees, fines, etc., collected in the United
States District Court for the District of Puerto Rico.
Section 48: Provisions relating to writs of habeas corpus to be issued by the
Supreme Court of Puerto Rico, and the United States District Court for the
District of Puerto Rico; and writs of mandamus to be issued by the United States
District Court for the District of Puerto Rico; declares that suits restraining
assessment or collection of taxes imposed by the laws of Puerto Rico are outside
the jurisdiction of the United States District Court for the District of Puerto
Rico.
Section 54: Provides for the acknowledgment of deeds and other instruments
.affecting land situated in the District of Columbia or any other Territory or
possession of the United States.
Section 58: Provides for the continuation of United States laws applicable to
Puerto Rico which are not inconsistent with the organic act; also repeals all
United States laws which are applicable to Puerto Rico but inconsistent with
the organic act. .
GENERAL NATURE OF SECTIO S OR PARTS OF SECTIONS OF THE ORGANIC ACT TO
BE REPEALED BY S. 3336
Section 2: Contains a bill of rights and other provisions of a protective nature.
Section 4: Provides that the capital of Puerto Rico shall be at the city of
San Juan.
PROVISIONS RELATING TO EXECUTIVE BRANCH OF GOVERNMENT OF PUERTO RICO
Section 12: Contains provisions relating to the election, tenure, qualifications,
-and powers of the Governor of Puerto Rico.
Section 12a: Prescribes procedure for impeachment of the Governor of Puerto
Rico.
Section 13: Creates the executive depp,rtments of the government of Puerto Rico.
Section 14: Prescribes the duties and authority of the attorney general.
Section 15: Prescribes the duties and authority of the treasurer of Puerto Rico.
Section 16: Prescribcs the duties and authority of the commissioner of interior.
Section 17: Prescribes the duties and authority of the commissioner of edu-
·cation.
Section 18: Prescribes the duties and authority of the commissioner of agricul-ture
and commerce.
Section 18a: Prescribes the duties and authority of the commissioner of labor.
Section 19: Prescribes the duties and authority of the commissioner of health.
Section 20: Prescribes the duties and authority of the auditor.
Section 21: Provides for appeal to the Governor from decisions of the auditor.
Section 22: Provides for appointment of the executive secretary to the Gov-
-ernor, and prescribes his duties and authority.
Section 23: Provides for the transmission to the Congress of laws enacted by the
Legislature of Puerto Rico.
Section 24: Provides for succession to the office of Governor in the event of a
vacancy in that office.
PROVISIONS RELATING TO THE LEGISLATIVE BRANCH
Section 25: Vests local legislative powers in a bicameral legislature consisting
of a senate and house of representatives designated as "The Legislature of
Puerto Rico."
Section 26: Contains provisions relating to the election, number, qualifications,
and term of office of members of the senate of Puerto Rico, and prescribes the
powers of the senate.
8 GOVERNMENT BY THE PEOPLE OF PUERTO RICO
Section 27: Contains provisions relating to the election, number, qualifications,
and term of office of members of the house of representatives of Puerto Rico, and
prescribes the powers of the house of representatives.
Section 28: Provides for the division of Puerto Rico into representative and
senatorial districts.
Section 29: Provides for quadrennial elections.
Section 30: Provides a 4-year term of office for senators and representatives,
and prescribes the method of filling vacancies.
Section 31: Provides a per diem and mileage allowance for senators and
representatives.
Section 32: Provides that the senate and house of representatives, respectively,
shall be the sole judges of the elections, returns, and qualifications of their
members. •
Section 33: Provides for regular and special sessions of the Legislature of Puerto
Rico.
Section 34: Contains provisions relating to the legislative procedures to be
followed in the Legislature of Puerto Rico, also contains provisions with respect to
the approval or veto of legislation by the Governor of Puerto Rico, and approval
or disapproval by the President of the United States of enactments of the Legisla­ture
of Puerto Rico.
Section 35: Prescribes the qualifications of voters.
Section 37: The portion of this section to be repealed prohibits the creation of
additional executive departments by the Legislature of Puerto Rico, but permits
the consolidation or abolition of departments with the consent of the President
of the United States.
Section 38: Contains provisions relating to the organization and functions of
the Public Service Commission of Puerto Rico.
Section 39: Contains provisions relating to the issuance of franchises and
privileges, and other miscellaneous matters.
Section 40: Contains provisions relating to local courts of Puerto Rico.
Section 49: Provides for the appointment by the Governor of Puerto Rico of
certain court officers not subject to Presidential appointment.
Section 49 (b): Contains provisions relating to the position of coordinator of
Federal agencies in Puerto Rico.
Section 50: Contains provisions relating to the payment of salaries of officials
of Puerto Rico. .
Section 51: Contains provisions relating to the payment of salaries of municipal
officials of Puerto Rico.
Section 52: Contains provisions relating to the continuation of incumbents of
offices at the time the Organic Act of 1917 was passed.
Section 53: Permits the Governor of Puerto Rico to reorganize bureaus within
various departments.
Section 56: Contains provisions relating to the continuance of the legislative
and executive functions of the government of Puerto Rico until the Organic Act
of 1917 becomes effective.
Section 57: Provides for the continuance of the laws and ordinances of Puerto
Rico in force and effect at the time the organic act became effective until such
time as they are altered, amended, or repealed pursuant to the legislative authorit~·
conferred upon the Legislature of Puerto Rico by the organic act.
DEPARTMENT OF STATE,
Washington, April 24, 1950.
Hon. JOSEPH C. O'MAHONEY,
Chairman, Committee on Interior and Insular Affairs,
United States Senate.
My DEAR SENATOR O'MAHONEY: This is in further reply to your letter of
April 1, 1950, which was acknowledged April 4, 1950, transmitting for the com­ment
of the Department of State, a copy of S. 3336, to provide for the organization
of a constitutional government by the people of Puerto Rico.
The Department of State believes it to be of the greatest importance that the
Puerto Rican people be authorized to frame their own constitution as provided
27b
GOVERNMENT BY THE PEOPLE OF PUERTO RICO 9
JACK K. McFALL,
Assistant Secretary
(For the Secretary of State).
for in S. 3336, in order that formal consent of the Puerto Ricans may be given to
their present relationship to the United States.
It is believed that, with their own constitution, the high degree of internal self­government
which the Puerto Ricans today enjoy in their voluntary association
with the United States, will assume for them an added significance. Moreover,
such action by our Government would be in keeping with the democratic principles
of the United States and with our obligations under the Charter of the United
Nations to take due account of the political aspirations of the people in our Terri­tories
and to develop self-government in them.
In view of the importance of "colonialism" and "imperialism" in anti-American
propaganda, the Department of State feels that S. 3336 would have great value
as a symbol of the basic freedom enjoyed by Puerto Rico, within the larger frame­work
of the United States of America.
The Department has be@fi informed by the Bureau of the Budget that bills
providing for the drawing up and adoption of a constitution by the people of
Puerto Rico (S. 3336 and H. R. 7674) would be fully in accord with the program
of the President.
Sincerely yours,
F. J. LAWTON, Director.
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington 25, D. C., April 18, 1950.
Hon. JOSEPH C. O'MAHONEY,
United States Senate, Washington, D. C.
My DEAR SENATOR O'MAHONEY: Thjs is in reply to your request of April 1,
1950, for a report on S. 3336, a bill to provide for the organization of a consti­tutional
government for the people of Puerto Rico.
This bill, and the almost identical House bill, H. R. 7674, would permit people
of Puerto Rico to draw up their own constitution within the existing relationship
of Puerto Rico to the Federal Government. The people of Puerto Rico have
exercised progressively greater powers of self-government, and enactment of
legislation permitting them to adopt their own constitution would mark another
significant step in the political progress of this island as a part of America. In
view of these objectives, enactment of S. 3336 would be fully in accord with the
program of the President.
Sincerely yours,
ApPENDIX A
Pursuant to the provisions of clause 2a, rule XIII, of the Rules of
the House of Representatives, proposed 'changes in existing law are
indicated below with the matter proposed to be omitted in black
brackets and the new matter proposed to be inserted in italics:
ACT OF CONGRESS OF MARCH 2,1917, AS AMENDED (39 STAT. 951; 48 U. S. C. 731)
ORGANIC ACT
AN ACT To pro\'idl . '-i\'il government for Puerto Rico, and for other purposes
Be it enacted by the Sen, 'lnd House of Representatives of the United States of
America in Congress a,vsembled:
That the provisions of this Act shall apply to the Island of Puerto Rico and to
the adjacent islands belonging to the United States, and waters of those islands'
and the name Puerto Rico as used in this Act shall be held to include not only th~
island of that name but all the adjacent islands as aforesaid.
IL Rept. 2275,81-2----2
10 GOVERNMENT BY THE PEOPLE OF PUERTO RICO
BILL OF RIGHTS
.Section 2.-[That no law shall be enacted in Puerto Rico which shall deprive
allY person of life, liberty, or property without due process of law or denv to any
person therein the equal protection of the laws. ,.
[That in all criminal prosecutions the accused shall enjoy the right to have the
assistance of counsel for his defense, to be informed of the nature and cause of the
accusation, to have a copy thereof, to have a speedy and public trial, to be con­fronted
with the witnesses against him, and to have compulsory process for ob­taining
witnesses in his favor.
[That no person shall be held to answer for a criminal offense without due
process of law; and no person for the same offense shall be twice put in jeopardy
of punishment, nor shall be compelled in any criminal case to be a witness against
himself.
[That all persons shall before conviction be bailable by sufficient sureties, ex-cept
for capital offenses when the proof is evident or the presumption great.
[That no law impairing the obligation of contracts shall be enacted.
[That no person shall be imprisoned for debt.
[That the privilege of the writ of habeas corpus shall not be suspended, unless
when in case of rebellion, insurrection, or invasion the public safety may require
it, in either of which events the same may be suspended by the President, or by
the Governor, whenever during such period the necessity for such suspension shall
exist.
[That no ex post facto law or bill of attainder shall be enacted.
[Private property shall not be taken or damaged for public use except upon
payment of just compensation ascertained in the manner provided by law.
[Nothing contained in this Act shall be construed to limit the power of the
Legislature to enact laws for the protection of the lives, health, or safety of em­ployees.
[That no law granting a title of nobility shall be enacted, and no person holding
any office of profit or trust under the Government of Puerto Rico shall, without
the consent of the Congress of the United States, accept any present, emolument,
office, or title of any kind whatever from any king, queen, prince, or foreign State,
or any officer thereof.
[That excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
[That the right to be secure against unreasonable searches and seizures shall
not be violated.
[That no warrant for arrest or search shall issue but upon probable cause,
supported by oath or affirmation, and particularly describing the place to be
searched and the persons or things to bc seized.
[That slavery shall not exist in Puerto Rico.
[That involuntary servitude, except as a punishment for crime, whereof the
party shall have been duly convicted, shall not exist in Puerto Rico.
[That no law shall be passed abridging the freedom of speech or of the press,
or the right of the people peaceably to assemble and petition the Government for
redress of grievances.
[That no law shall be made respecting an establishment of religion or pro­hibiting
the free exercise thereof, and that the free exercise and enjoyment of
religious profession and WOI'Ship without discrimination or preference shall for­ever
be allowed, and that no political or religious test other than an oath to sup­port
the Constitution of the United States and the laws of Puerto Rico shall be
required as a qualification to any office or public trust under the Government of
Puerto Rico.
[That no public money or property shall ever be appropriated, applied, donated,
used, directly or indirectly, for the use, benefit, or support of any sect, church,
denomination sectarian institution, or association, or system of religion, or for
the use, benefit, or support of any priest, preacher, minister, or other reli~ious
teacher or dignitary as such. Contracting of polygamous or plural marrIages
hereafter is prohibited.
[That no money shall be paid out of the Treasury except in pursuance of an
appropriation by law, and on warrant drawn by the proper officer in pursuance
thereof.
[That the rule of taxation in Puerto Rico shall be uniform.
[That all money derived from any tax levied or assessed for a special purpose
shall be treated as a special fund in the Treasury and paid out for such purpose
only except upon the approval of the President of the United States.
GOVE!RNMENT BY THE PEOPLE OF PUERTO RICO 11
[That eight hours shall constitute a day's work in all cases of employment of
laborers and mechanics by and on behalf of the Government of the Island on
public works, except in cases of emergency.
[That the employment of children under the age of fourteen years in any
occupation injurious to health or morale or hazardous to life or limb is hereby
prohibited.]
(Paragraph added by Act of Congress approved August 5,1947:)
The rights. privileges, and immunities of citizens of the United States shall be
respected in Puerto Rico to the same extent as though Puerto Rico were a State
of the Union and subject to the provisions of paragraph 1 of section 2 of article
IV of the Constitution of the United States.
Section 3.-'--That no export duties shall be levied or collected on exports from
Puerto Rico, but taxes and assessments on property, income taxes, internal
revenue, and license fees, and royalties for franchises, privileges, and concessions
may be imposed for the purposes of the insular and municipal governments, respec­tively,
as may be provided and defined by the Legislature of Puerto Rico; and
when necessary to anticipate taxes and revenues, bonds and other obligations
may be issued by Puerto Rico or any municipal government therein as may be
provided by law, and to protect the public credit; Provided, however, That no
public indebtedness of Puerto Rico and the municipalities of San Juan, Ponce
and Mayagtiez shall be allowed in excess of 10 per centum of the aggregate tax
valuation of its property, and no public indebtedness of any other subdivision or
municipality of Puerto Rico shall hereafter be allowed in excess of 5 per centum
of the aggregate tax valuation of the property in any such subdivision or munici­pality,
and all bonds issued·by the government of Puerto Rico, or by its authority,
shall be exempt from taxation by the Government of the United States, or by the
government of Puerto Rico or of any political or municipal subdivision thereof,
or by any State, Territory, or possession, or by any county, municipality, or
other municipal subdivision of any State, Territory, or possession of the United
States, or by the District of Columbia. In computing the indebtedness of the
people of Puerto Rico, municipal bonds for the payment of interest and principal
of which the good faith of the people of Puerto Rico has heretofore been pledged and
bonds issued by the people of Puerto Rico secured by bonds to an equivalent
amount of bonds of municipal corporations or school boards of Puerto Rico shall
not be counted, but all bonds hereafter issued by any municipality or subdivision
within the 5 per centum hereby authorized for which the good faith of the people
of Puerto Rico is pledged shall be counted.'
And it is further provided, That the internal-revenue taxes levied by the Legis­lature
of Puerto Rico in pursuance of the authority granted by tbis Act on articles,
goods, wares, or marcbandise may be levied and collected as such legislature may
direct, on the articles subject to said tax, as soon as the same are manufactured,
sold, used, or brought into the Island; Provided, That no discrimination be made
between the articles imported from the United States or foreign countries and
similar articles produced or manufactured in Puerto Rico. The officials of the
Customs and Postal Services of the United States are herebv directed to assist the
appropriate officials of the Puerto Rican government in the collection of these
taxes.
[Section 4.-That the capital of Puerto Rico shall be at the city of San Juan,
and the seat of Government shall be maintained there.]
Section 5.2-That all citizens of Puerto Rico, as defined by section seven of the
Act of April twelfth, nineteen hundred, "temporarily to provide revenues and a
civil government for Puerto Rico, and for other purposes", and all natives of
I By Public No. 236 tH. R. 8209) 74th Congress, approved August 3, 1935, refunding bonds of tbe Govern­ment
of Puerto Rico shall not be included in computing the public indebtedness under this section, until
6 months after their issue, and
By Public 264 (S. 1227) 74th Congress, approved August 13, 1935, bonds or other obligations of Puerto Rico
or any municipal government therein, payable solely from revenues derived from any public improvemen't
or undertaking and issued and sold to the United States ofAmerica or any agency or instrumentality thereof,
shall not be considered public indebtedness within the meaning of this section.
'Nationality Act of 1940-Public No. 853-76th Congress-approved October 14, 1940, efTective 90 days
thereafter. "Sec. 202.-All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction
of the United States, residing on the efTective date of this Act in Puerto Rico or other territory over which the
United States exercises ri~hts of sovereignty and not citizens of the United States under any other Act, are
hereby declared to be citizens of the United States.
"Sec. 322. A person born in Puerto Rico of alien parents, referred to in the last para~raph of section 5,
Act of March 2,1917 (U. S. C., title 8, sec. 5), and in section 5 a, of the said Act, as amended by section 2 of
the Act of March 4, 1927 (U. S. C., title 8, sec. 5 a), who did not exercise tho privilege granted of becoming a
citizen of the United States, may make the declaration provided in said paragraph at any time, and from
and after the making of such declaration shall be a citizen of the United States."
71
12 GOVERNMENT BY THE PEOPLE OF PUERTO RICO
Puerto Rico who were temporarily absent from that island on April eleventh,
eighteen hundred and ninety-nine, and have since returned and are permanently
residing in that island, and are not citizens of any foreign country, are hereby
declared, and shall be deemed and held to be, citizens of the United States;
Provided, That any person hereinbefore described may retain his present political
status by making a declaration, under oath, of his decision to do so within six
months of the taking effect of this Act before the district court in the district in
which he resides, the declaration to be in form as follows:
"I, , being duly sworn, hereby declare my intention not to become a
citizen of the United States as provided in the Act of Congress conferring United
States citizenship upon citizens of Puerto Rico and certain natives permanently
residing in said island."
In the case of any such person who may be absent from the island during said
six months the term of this proviso may be availed of by transmitting a declara­tion,
under oath, in the form herein provided within six months of the taking
effect of this Act to the Executive Secretary of Puerto Rico; And provided, further,
That any person who is born in Puerto Rico of an alien parent and is permanently
residing in that island may, if of full age, within six months of the taking effect
of this Act, or if a minor, upon reaching his majority, or within one year thereafter,
make a sworn declaration of allegiance to the United States before the United
States District Court for Puerto Rico, setting forth therein all the facts connected
with his or her birth and residence in Puerto Rico and accompanying due proof
thereof, and from and after the making of such declaration shall be considered
to be a citizen of the United States.
Section 5a.-That all citizens of the United States who have resided or who shall
hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided,
That personsb orn in Puerto Rico of alien parents, referred to in the lallt paragraph
of section 5, who did not avail themselves of the privilege granted to them of be­coming
citizens of the United States, shall have a period of one year from the
approval of this Act to make the declaration provided for in the aforesaid section:
And provided, further, That persons who elected to retain the political status of
citizens of Puerto Rico may within one year after the passage of this Act become
citizens of the United States upon the same terms and in the same manner as is
provided for the naturalization of native Puerto Ricans born of foreign parents.
Section 5b.-All persons born in Puerto Rico on or after April 11, 1899 (whether
before or after the effective date of this Act) and not citizens, subjects, or nationals
of any foreign power, are hereby declared to be citizens of the United States:
Provided, That this Act shall not be construed as depriving any person, native
of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully
acquired by such person; or to extend such citizenship to persons who shall
have renounced or lost it under the treaties and/or laws of the United Slates or
who are now residing permanently abroad and are citizens or subjects of a foreign
country: And provided, further, That any woman, native of Puerto Rico and per­manently
residing therein, who, prior to March 2, 1917, had lost her American
nationality by reason of her marriage to an alien eligible to citizenship, or by
reason of the loss of the United States citizenship by her husband, may be natural­ized
under the provisions of section 4 of the Act of September 22, 1922, entitled
"An Act relative to the naturalization and citizenship of married women", as
amended.
SectiO!l 5c.-That any person of good character, attached to the principles of
the Constitution of the United States, and well disposed to the good order and
happiness of the United States, and born in Puerto Rico on or after April 11, 1899,
who has continued to reside within the jurisdiction of the United States whose
father elected on or before April 11, 1900, to preserve his allegiance to the Crown
of Spain in accordance with the provisions of the treaty of peace between the
United States and Spain entered into on April 11, 1899, and who, by reason of
misinformation regarding his or her own citizenship status failed within the time
limits prescribed by section 5 or section 5a hereof to exercise the privilege of
establishingUnited States citizenship and has heretofore erroneously but in good
faith exercised the rights and privileges and performed the duties of a citizen of
the United States, and has not personally sworn allegiance to any foreign govern­ment
or ruler upon or after attainment of majority, may make a sworn declaration
of allegiance to the United States before any United States district court. Such
declaration shall set forth facts concerning his or her birth in Puerto Rico, good,
character, attachment to the principles of the Constitution of the United States,
and being well disposed to the good order and happiness of the United States,
residence within the jurisdiction of the United States, and misinformation regard-
GOVEiRNMENT BY THE PEOPLE OF PUERTO RICO 13
ing United States citizenship status, and shall be accompanied by proof thereof
satisfactory to the court. After making such declaration and submitting such
proofs, such person shall be admitted to take the oath of allegiance before the
court, and thereupon shall be considered a citizen of the United States.
Section 6.-That all expenses that may be incurred on account of the Govern­ment
of Puerto Rico for salaries of officials and the conduct of their offices and
departments, and all expenses and obligations contracted for the internal improve­ment
or development of the island, not, however, including defenses, barracks,
harbors, lighthouses, buoys, and other works undertaken by the United States,
shall except as otherwise specifically provided by the Congress, be paid by the
Treasurer of Puerto Rico out of the revenue in his custody.
Section 7.-That all property which may have been acquired in Puerto Rico
by the United States under the cession of Spain in the treaty of peace entered into
on the tenth day of December, eighteen hundred and ninety-eight, in any public
bridges, road houses, water powers, highways, unnavigable streams and the beds
thereof, subterranean waters, mines or minerals under the surface of private
lands, all property which at the time of the cession belonged, under the laws of
Spain then in force, to the various harbor works boards of Puerto Rico, all the
harbor shores, docks, slips, reclaimed lands, and all public lands and buildings
not heretofore reserved by the United States for public purposes, is hereby placed
under the control of the Government of Puerto Rico, to be administered for the
benefit of the people of Puerto Rico; and the Legislature of Puerto Rico shall
have authority, subject to the limitations imposed upon all its acts, to legislate.
with respect to all such matters as it may deem advisable. Pl'ovided, That the
President may from time to time, in his discretion, convey to the people of Puerto
Rico such lands, buildings, or interests in lands or other propertv now owned
by the United States and within the territorial limits of Puerto Rico as in his
opinion are no longer needed for purposes of the United States. And he may
from time to time accept by legislative grant from Puerto Rico any lands, build­ings~
Tor other interests or property which may be needed for public purposes by
the united States.!
Section S.-That the harbor areas and navigable streams and bodies of water
and submerged land underlying the same in and around the Island of Puerto Rico
and the adjacent islands and waters, now owned by the United States and not
reserved by the United States for public purposes be, and the same are hereby,
placed under the control of the Government of Puerto Rico, to be administered
in the same manner and subject to the same limitations as the property enu­merated
in the preceding section: Provided, That all laws of the United States
for the protection and improvement of the navigable waters of the United States
and the preservation of the interests of navigation and commerce, except so far
as the same may be locally inapplicable, shall apply to said Island and waters
and to its adjacent islands and waters: Provided, jurther, That nothing in this Act
contained shall be construed so as to affect or impair in any manner the terms or
conditions of any authorizations, permits, or other powers heretofore lawfully
granted or exercised in or in respect of said waters and submerged land in and
su,rrounding said Island and its adjacent islands by the Secretary of War or other
authorized officer or agent of the United States: And provided, jurther, That the Act
of Congress approved June eleventh nineteen hundred and six, entitled "An Act
to empower the Secretary of War, under certain restrictions, to authorize the con­struction,
extension, and maintenance of wharves, piers, and other structures on
lands underlying harbor areas in navigable streams and bodies of water in or
surrounding Puerto Rico and the islands adjacent thereto," and all other laws
and parts of laws in conflict with this section be, and the same are hereby, re­pealed.
Section 9.-That the statutory laws of the United States not locally inappli­cable,
except as hereinbefore or hereinafter otherwise provided, shall have the same
force and effect in Puerto Rico aa in the United States, except the internal­revenue
laws: Provided, however, That hereafter all taxes collected under the
internal-revenue laws of the United States on articles produced in Puerto Rico
and transported to the United States, or consumed in the Island shall be covered
into the Treasury of Puerto Rico.
Section IO.-That all judicial process shall run in the name of "United States of
America, 88, the President of the United States," and all penal or criminal prosecu­tion
in the local courts shall be conducted in the name and by the authority of
1 Tbis proviso is in force and effect except AS to Federal propezty tbe title of wbicb is vested in tbe War
Department. Under tbe Camp Tav!or prom,o (46 Stat. 1191), approved February 20, 1931, it is provided:
"Hereafter no real estAte of tbe War Department sball be sold or disposed of witbout autbority of Congress
and all acts in conflict berewitb are repealed."
~I
14 GOVERNMENT BY THE PEOPLE OF PUERTO RICO
"The People of Puerto Rico"; and all officials shall be citizens of the United States,
and, before entering upon the duties of their respective offices, shall take an oath
to support the Constitution of the United States, and the laws of Puerto Rico.
Section n.-That all reports required by law to be made by the Governor or
heads of departments to any official of the United States shall hereafter be made to
an executive department of the Government of the United States to be designated
by the President, and the President is hereby authorized to place all matters per­taining
to the Government of Puerto Rico in the jurisdiction of such department.
EXECUTIVE DEPARTMENT
[Section 12.-That the supreme executive power shall be vested in an executive
officer, whose official title shall be "The Governor of Puerto Rico." At the general
election in 1948 and each such election quadrennially thereafter the Governor of
Puerto Rico shall be elected by the qualified voters of Puerto Rico and shall hold
office for a term of four years commencing on the 2d day of January following
the date of the election and until his successor is elected and qualified. 0 per­son
shall be eligible as Governor unless at the time of the election he is a citizen
of the United States, is at least thirty years of age, is able to read and write the
English language, and has been a bona fide resident of Puerto Rico during the
immediately preceding two years. Such election shall be held in the manner now
or hereafter provided by law for the election of the Resident Commissioner. The
·Governor shall reside in Puerto Rico during his official incumbency and maintain
his office at the seat of Government. He shall have general supervision and con­trol
of all the departments and bureaus of the Government in Puerto Rico, so far
as is not inconsistent with the provisions of this Act, and shall be commander in
chief of the militia. He may grant pardons and reprieves and remit fines and
forfeitures for offenses against the laws of Puerto Rico, and respites for all offenses
against the laws of the United States until the decision of the President can be
ascertained, and may veto any legislation enacted as hereinafter provided. He
shall commission all officers that he may be authorized to appoint. He shall be
responsible for the faithful execution of the laws of Puerto Rico and of the United
States applicable in Puerto Rico, and whenever it becomes necessary he may call
upon the commanders of the military and naval forces of the United States in the
Island or summon the posse comitatus, or call out the militia to prevent or suppress
lawless violence, invasion, insurrection, or rebellion, and he may, in case of rebel­lion
or invasion, or imminent danger thereof, when the public safety requires it,
suspend the privilege of the writ of habeas corpus, or place the Island or any part
thereof, under martial law until communication can be had with the President and
the President's decision therein made known. He shall annually, and at such
other times as he may be required, make official report of the transactions of the
Government of Puerto Rico to the executive department of the Government of the
United States to be designated by the President as herein provided, and his said
annual report shall be transmitted to Congress, and he shall perform such addi­tional
duties and functions as may in pursuance of law be delegated to him by the
President.]
[Section 12a.-The Governor shall be removed from office on impeachment
for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
The house of representatives of Puerto Rico shall have the sole power of impeach­ment.
Impeachment shall require the concurrence of two-thirds of all of the
members of the house of representatives. The senate of Puerto Rico shall have
the sole power to try all impeachments. When sitting for that purpose they
shall be on oath or affirmation and the chief justice of the supreme court of
Puerto Rico shall preside. No person shall be convicted without the concurrence
of three-fourths of all the members of the senate. Judgment in cases of impeach­ment
shall not extend further than to removal from office, and disqualification
to hold and enjoy any office of honor, trust, or profit under the government of
Puerto Rico. The person convicted shall, nevertheless, be liable and subject
to indictment, trial, judgment, and punishment according to law.]
[Section 13.-That the following executive departments are hereby created:
A Department of Justice, the head of which shall be designated as the Attorney
General; a Department of Finance, the head of which shall be designated as the
Treasurer; a Department of Interior, the head of which shall be designated as
the Commissioner of the Interior; a Department of Education, the head of which
shall be designated as the Commissioner of Education; a Department of Agri­(
lulture and Commerce, the head of which shall be designated as the Commissioner
(If Agriculture and Commerce; a Department of Labor, the head of which shall
GOVEiRNMENT BY THE PEOPLE OF PUERTO RICO 15
be designated as the Commissioner of Labor; and a Department of Health, the
head of which shall be designated as the Commissioner of Health. The heads
of the executive departments set forth in the first sentence of this section shall
be appointed by the Governor by and with the advice and consent of the senate
of Puerto Rico. Each shall hold office during the continuance in office of the
Governor by whom he is appointed and until his successor is qualified, unless
sooner removed by the Governor.
[Heads of departments shall reside in Puerto Rico during their official incum­bency,
and those appointed by the Governor shall have resided in Puerto Rico
for at least one year prior to their appointment.
[The heads of departments shall collectively form a council to the Governor,
known as the Executive Council. They shall perform, under the general super­vision
of the Governor, the duties hereinafter prescribed, or which may hereafter
be prescribed by law, and such other duties, not inconsistent with law, as the
Governor, with the approval of the President, may assign to them; and they shall
make annual and such other reports to the Governor as he may require, which
shall be transmitted to the executive department of the Government of the United
States to be designated by the President as herein provided; Provided, That the
duties herein imposed upon the heads of departments shall not carry with them
any additional compensation.]
[Section 14.-That the Attorney General shall have charge of the administra­tion
of justice in Puerto Rico; he shall be the legal adviser of the Governor and
the heads of departments and shall be responsible for the proper representation
of the people of Puerto Rico or its duly constituted officers in all actions and
proceedings, civil or criminal, in the Supreme Court of Puerto Rico in which the
people of Puerto Rico shall be interested or a party, and he may, if directed by
the Governor or if in his judgment the public interest requires it, represent the
people of Puerto Rico or its duly constituted officers in any other court or before
any other officer or board in any action or proceeding, civil or criminal, in which
the people of Puerto Rico may be a party or be interested. He shall also rerform
such other duties not inconsistent herewith as may be prescribed by law.J
[Section 15.-That the treasurer shall give bond, approved as to form by the
attorney general of Puerto Rico, in such sum as the legislature may require, not
less, however, than the sum of $125,000, with surety or sureties approved by the
governor, and he shall collect and be the custodian of public funds, and shall dis­burse
the same in accordance with law on warrants si~ned by the auditor and
countersigned by the governor, and perform such other duties as may be provided
by law. He may designate banking institutions in Puerto Rico and the United
States as depositaries of the government of Puerto Rico, subject to such conditions
as may be prescribed by the governor, after they have filed with him satisfactory
evidence of their sound financial condition and have deposited bonds of the United
States or of the government of Puerto Rico or other security satisfactory to the
governor in such amol111ts as may be indicated by him; and no banking institution
shall be designated a depositary of the government of Puerto Rico until the fore­going
conditions have been complied with. Interest on deposits shall be required
and paid into the treasury.]
[Section 16.-That the commissioner of the interior shall superintend all works
of a public nature, have charge of all public buildings, grounds, and lands, except
those belonging to the United States, and shall execute such requirements as may
be imposed by law with respect thereto, and perform such other duties as may be
prescribed by law.]
[Section 17.-That the commissioner of education shall superintend public
instruction throughout Puerto Rico: all proposed disbursements on account thC'l'i"of
must be approved by him, and all courses of study shall be prepared by him,
subject to disapproval by the governor if he desires to act. He shall prepare rl1le~
governing the selection of teachers, and appointments of teachers by local school
boards shall be subject to his approval, and he shall perform such other duties,
not inconsistent with this Act, as may be prescribed by law.]
[Section 18.-That the commissioner of agriculture and commerce shall have
general charge of such bureaus and branches of government as have been or
shall be legally constituted for the study, advancement, and benefit of agriculture,
commerce and other industries; the chief purpose of this department being to
foster, promote, and develop the agricultural interests and the welfare of the
farmers of Puerto Rico; to improve their market conditions, and to advance
their opportunities for profitable sale of their products, and shall perform such
other duties as may be prescribed by law.]

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81sT CONGRESS} HOUSE OF REPRE~$,:~TATIVES {' REPORT ~d Session ,\. _ No. 2275 PROVIDING FOR THE ORGANIZ TION OF A CONSTITU­TIONAL GOVERNMENT BY THE PEOPLE OF PUERTO RICO ' JUNE 19, 1950.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ASPINALL, from the Committee on Public Lands, submitted the , following REPORT [To accompany S. 3336] The Committee on Public Lands to whom was referred the bill (S. 3336) to provide for the organization of a constitutional government by the people of Puerto Rico, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. EXPLANATION OF THE BILL This bill would authorize the people of Puerto Rico to adopt their own constitution and to organize a local government which, under the terms of S. 3336, would be required to be republican in form and con­tain the fundamental civil guaranties of a bill of rights. Specific provision is made for an island-wide referendum in which the people of Puerto Rico will be given the opportunity to accept or reject this legislative proposal. A provision also is made in the bill for the submission to, and rati­fication by Congress, of any proposed constitution before it becomes effective, and the bill specifically provides that it shall not become effective until it is approved by a majority of the voters participating in an island-wide referendum. In 1917 the Congress established the framework of Puerto Rico's government by enacting the Organic Act of Puerto Rico. This act f~ / .~ 2 GOVERNMENT BY THE PEOPLE OF PUERTO RICO created a popularly elected legislature with broad powers in local legislative matters, and provides for an executive branch and judicial branch of the government. The people of Puerto Rico were author­ized to elect a Resident Commissioner, accredited to the Department of State and to be recognized as such Commissioner by all departments of the United States Government. Besides, he has been extended the privileges of membership in the House of Representatives, with power to serve on committees, to introduce legislation, and to be heard on the floor of the House, but with no power to vote. Under the organic act of 1917 the people of Puerto Rico were made citizens of the United States, and their civil rights guaranteed by a bill of rights analogous to the Bill of Rights of the Constitution. The most significant action taken by the Congress, since the enact­ment of the organic act, toward granting Puerto Rico greater se1£­government was in 1947, when it permitted the people of Puerto Rico to elect their governor and permitted the governor to select the mem­bers of his cabinet. . By permitting the people of Puerto Rico to formulate and by their own initiative and choice adopt a constitution, S. 3336 would further implement the self-government principle established by the Congress as the cornerstone and fundamental policy governing the relationship of the United States toward territories over which it has jurisdiction. It would, moreover, fulfill in a most exemplary fashion our obliga­tions with respect to Puerto Rico under chapter XI of the charter of the United Nations, relating to the administration of non-se1£­governing territories-to develop self-government, to take due account of the political aspirations of the peoples, and to as ist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement. The people of Puerto Rico and their representatives have expressed their overwhelming support in favor of legislation which would permit them to adopt a constitution. In the recent election in Puerto Rico the Popular Democratic Party which specifically campaigned in favor of such legislation received approximately 62 percent of the Puerto Rican votes cast in the election, thereby decisively defeating the opposition, including the party running on a platform for the independence of Puerto Rico, and the coalition running on a platform for statehood for Puerto Rico. Further, resolutions were recently passed unanimously in both the senate and house of representatives of the insular legisla­ture in favor of legislation which would permit the adoption of a constitution by the people of Puerto Rico, with only one abstaining vote in each of the houses. A similar bill was introduced in the House by the Resident Commissioner of Puerto Rico about which this com­mittee received eloquent testimony from Gov. Luis Munoz-Marin, Resident Commissioner Antonio Fern6s-Isern, and other witnesses. This legislation constitutes a reflection of the very strong sentiment which exists in Puerto Rico for a greater measure of local autonomy which this bill represents. The Department of the Interior and th~ GOVER MENT BY THE PEOPLE OF PUERTO RICO 8 Department of State have urged in. stro,ng language immediate passage of this measure. Labor organizations, the Chamber of Commerce of Puerto Rico, the justices of the Supreme Court of Puerto Rico, all the mayors of the 77 municipalities in the island, except one, have supported the bill. It is important that the nature and general scope of S. 3336 be made absolutely clear. The bill under consideration would not change Puerto Rico's fundamental political, social, and economic relationship to the United States. Those sections of the Organic Act of Puerto Rico pertaining to the political, social, and economic relationship of the United States and Puerto Rico concerning such matters as the applicability of United States laws, customs, internal revenue, Federal judicial jurisdiction in Puerto Rico, Puerto Rican representation by a Resident Commissioner, etc., would remain in force and effect, and upon enactment of S. 3336 would be referred to as the Puerto Rican Federal Relations Act. The sections of the organic act which section 5 of the bill would repeal are the provisions of the act concerned primarily with the organization of the local executive, legislative, and judicial branches of the government of Puerto Rico and other matters of purely local concern. One further point of clarification. This bill does not commit the Congress, either expressly or by implication, to the enactment of statehood legislation for Puerto Rico in the future. Nor will it in any way preclude a future determination by the Congress of Puerto Rico's ultimate political status. The United States has never made any promise to the people of Puerto Rico, or to Spain from whom Puerto Rico was acquired, that Puerto Rico would eventually be admitted into the Union. In fact, our commitment with respect to Puerto Rico and to the other areas «eded by Spain under the Treaty of Paris differed considerably from commitments made with respect to previously acquired areas, and lands constituted as Territories. Our practice in this regard is reviewed briefly to show the difference. • During 1781 to 1802, the Original Thirteen States ceded to the Federal Government certain lands reaching out as far west as the Mississippi, and lying north and south of the Ohio River. These lands were divided into two large areas, lmown as the Northwest Territory and the Southwest Territory, respectively. The Northwest Ordinance enacted. by the Congress for the government of the North­west Territory and under which the Territory was incorporated into the Union, set the pattern for organic legislation for all of the Terri­tories established on the mainland which now' comprise the United States. The Northwest Ordinance granted the people of the North­west Territory certain basic personal and political rights; it established a form of government for the Territory; it outlined the Territory's future political status. It did the latter by expressly providing that when the population in any of the districts into which the Territory was divided should have reached a certain figure, the district was to. 4 7/ GOVERNMENT BY THE PEOPLE OF PUERTO RICO be admitted into the Union as a State. This promise of future state­hood upon the fulfillment of certain conditions was included in the organic legislation for other contiguous territories of the United States, such as the Southwest Territory, the Territory of Orleans which was set up in the land acquired by the Louisiana Purchase, and so on. To these areas the Constitution and laws of the United States were extended, thus incorporating them into the Union. In due course the promise of statehood was fulfilled for each of these areas. Alaska and Hawaii differ from these early Territories only in the fact that they are noncontiguous to the mainland. The organic legislation provided for them is very similar to the organic legislation of the mainland Territories. The Constitution and laws of the United States were extended to Alaska and Hawaii and, therefore, just as in the case of the other incorporated Territories which became States, Alaska and Hawaii have a claim to statehood. Admission of Alaska and Hawaii, now incorporated Territories, to statehood, would complete the pattern set by the Northwest Ordinance and carried over by the organic legislation of the Territories on the mainland, that a Territory once incorporated is destined for ultimate statehood. Alaska and Hawaii are our only remaining incorporated Territories. We have given neither an expressed nor an implied pledge of incor­poration or of statehood to the people of any of the other non-self­governing Territories under our jurisdiction. Puerto Rico has not been so incorporated. Puerto Rico is "unincorporated Territory." The Constitution has never been extended to Puerto Rico. Puerto Rico does not, therefore, have the claim of statehood which the main­land Territories in Alaska and Hawaii have. In conclusion, it is the feeling of this committee that the people of Puerto Rico have demonstrated by their intelligent administration of local governmental activities, by their extensive use of the franchise, and by their high degree of political consciousness, that they are eminently qualified to assume greater responsibilities of local self­government. The extent and nature of the political, economic, and social develop­ment of Puerto Rico warrants the advancement in self-government which S. 3336 would make possible. Such action by the Congress would be a clear expression of our esteem for the people of Puerto Rico. It would be a fundamental contribution to the art and practice of the government and administration of Territories under the sovereignty -of the United States. Finally, enactment of S. 3336 would stand forth as a concrete demonstration to the nations of Latin America and the world, and especially the people of Puerto Rico, that the United States translates its principles of democracy and self-determination into action. The Committee on Public Lands unanimously recommends the enactment of S. 3336. The favorable reports of the Department of the Interior, the Depart­ment of State, and the Bureau of the Budget, addressed to the Senate Committee on Interior and Insular Affairs, are as follows: GOVERNMENT BY THE PEOPLE OF PUERTO RICO 5 DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington 25, D. C., May 19, 1950. Hon. JOSEPH C. O'MAHONEY, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington, D. C. My DEAR SENATOR O'MAHONEY: This is in reply to your request for the views of this Department on S. 3336, a bill to provide for the organization of a constitu­tional government by the people of Puerto Rico. I strongly urge the enactment of S. 3336, with the amendment suggested. It is important at the outset to avoid any misunderstanding as to the nature and general scope of the proposed legislation. Let me say that enactment of S. 3336 will in no way commit the Congress to the enactment of statehood legislation for Puerto Rico in the future. Nor will it in any way preclude a future determination by the Congress of Puerto Rico's ultimate political status. The bill merely au­thorizes the people of Puerto Rico to adopt their own constitution and to organize a local government which, under the terms of S. 3336, would be required to be repub­ican in form and contain the fundamental civil guaranties of a bill of rights. The framework of Puerto Rico's government has been prescribed by the Congress, by the enactment in 1917 of the Organic Act of Puerto Rico. This organic act established a popularly elected legislature with broad powers in local legislative matters, and provided for an executive branch and a judicial branch of the government. It authorized the people of Puerto Rico to elect a representa­tive to the Congress, accredited to the House of Representatives, with power to serve on committees, to introduce legislation, and to be heard on the floor of the House, but with no power to vote. Under the organic act the people of Puerto Rico were made citizens of the nited States, and had their civil rights guaranteed by a section of the act which closely paralleled the language of the Bill of Rights of the Constitution. Since the enactment of the organic act, the most notable step taken by the Congress toward granting Puerto Rico an increased measure of local self-govern­ment was in 1947, when it permitted the people of Puerto Rico to elect their Gov­ernor and permitted the Governor to select the members of his cabinet, except for the auditor of Puerto Rico, who remains a Presidential appointee. S. 3336 would be a further implementation of the self-government principle adopted by the Congress. It would permit the substitution, by action of the people of Puerto Rico, of a constitution of their own choosing for the present "constitution", the organic act, which was handed to them by the Congress. The bill under consideration would not change Puerto Rico's political, social, and economic relationship to the United States. Those sections of the Organic Act of Puerto Rico pertaining to the political, social, and economic relationship of the United States and Puerto Rico concerning such matters as the appli­cability of United States laws, customs, internal revenue, Federal judicial juris­diction in Puerto Rico, Puerto Rican representation in the Congress by a Resident Commissioner, etc., would remain in force and effect, and upon enactment of S. 3336 would be referred to as the Puerto Rican Federal Relations Act. The sections of the organic act which section 5 of the bill would repeal are the pro­visions of the act concerned primarily with the organization of the local executive, legislative, and judicial branches of the government of Puerto Rico and other matters of purely local concern. These matters would be provided for in any constitution adopted and any local government organized by the people of Puerto Rico. For your convenience, I enclose a brief analysis indicating the general nature of the sections of the organic act which would, and those which would not, be repealed by S. 3336. It is suggested that the bill be amended by striking out the number "55" appearing on page 3, line 15. No repeal of section 55 of the Organic Act of Puerto Rico would be required since that section has already been repealed by section 39 of title 28 of the United States Code (62 Stat. 992). The eloquent testimony of Gov. Luis Munoz-Marfn before the Senate Interior and Insular Affairs Committee in behalf of this legislation is a reflection of the very strong sentiment which exists in Puerto Rico for a greater measure of local autonomy. The people of Puerto Rico have demonstrated by their high degree of ~ 7.3 6 GOVE~NMENT BY THE PEOPLE OF PUERTO RICO political consciousness, by their extensive use of the franchise, and by their success­ful and intelligent administration of local governmental activities, that they are eminently qualified to assume greater responsibility of self-government. The time has come to permit the people of Puerto Rico to adopt their own constitution. Enactment of S. 3336 would be a reaffirmation by the Congress of the self-government principle which has been the cornerstone of United States policy toward its Territories. Such action by the Congress would be a clear expression of our esteem for the people of Puerto Rico. It would also be a con­crete demonstration to the nations of the world, and especially the people of Puerto Rico, at a time when territorial administration is a matter of constant discussion in the United Nations, that the United States translates its principles of democracy and self-determination into action. The Bureau of the Budget has advised that enactment of this legislation would be fully in accord with the program of the President. Sincerely yours, OSCAR L. CHAPMAN, SlXretary of the Interior. GENERAL NATURE OF SECTIONS OR PARTS OF SECTIONS OF THE ORGANIC ACT WHICH WOULD REMAIN IN FORCE A D EFFECT A D UPON ENACTMENT OF S. 3336 WOULD BE KNOWN AS THE PUERTO RICAN FEDERAL RELATIONS ACT Section 1: Provides that the organic act shall apply to the island of Puerto Rico and adjacent islands. Section 2: Comity clause. Section 3: Prohibits export duties; permits imposition by the insular govern­ment of internal revenue and other taxes; permits the issuance of bonds, but limits indebtedness; provides for the exemption of bonds issued pursuant to this section from taxation. Section 5 (a) (b) (c): Contains United States citizenship provisions for Puerto Ricans. Section 6: Provides that the expenses of the insular government shall, except for United States public works, be paid out of the insular treasury. Section 7: Provides for the transfer of property to Puerto Rico ceded by Spain to the United States; also provides for the mutual transfer of property between the United States and Puerto Rico. Section 8: Contains provisions relating to the jurisdiction of the United States and Puerto Rico with respect to harbor areas, navigable streams, bodies of water, and submerged lands in and around Puerto Rico. Section 9: Provides that United States laws, except the internal revenue laws, are applicable to Puerto Rico, except where locally inapplicable; also contains proviso returning the internal revenue taxes to Puerto Rico. Section 10: Provides that all judicial process in Puerto Rico shall run in the name of the United States or the people of Puerto Rico; also provides for an oath of allegiance. Section 11: Provides that reports by the Governor and insular departments are to be made to the Federal agency designated by the President to have adminis­trative jurisdiction over Puerto Rico. Section 36: Contains provisions relating to the election, eligibility, salary, allowances, etc., of the Resident Commissioner. Section 37 (part): Defines the extent of the legislative authority of the Legis~ lature of Puerto Rico. Section 38 (part): Declares the Interstate Commerce Act and certain other Federal acts inapplicable in Puerto Rico. Section 41: Contains provisions relating to the United States District Court for the District of Puerto Rico and the judge and officials of that court. Section 42: Provides that the laws of the United States relating to appeals certiorari, removal of causes, and other matters or proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the United States District Court for the District of Puerto Rico and the courts of Puerto Rico. It also provides that GOVERNMENT BY THE PEOPLE OF PUERTO RICO 7 -all pleadings and proceedings in the United States District Court for the District .of Puerto Rico shall be conducted in the English language. Section 44: Prescribes qualifications for jurors selected to serve in the United States District Court for the District of Puerto Rico. Section 45: Provides for disposal of fees, fines, etc., collected in the United States District Court for the District of Puerto Rico. Section 48: Provisions relating to writs of habeas corpus to be issued by the Supreme Court of Puerto Rico, and the United States District Court for the District of Puerto Rico; and writs of mandamus to be issued by the United States District Court for the District of Puerto Rico; declares that suits restraining assessment or collection of taxes imposed by the laws of Puerto Rico are outside the jurisdiction of the United States District Court for the District of Puerto Rico. Section 54: Provides for the acknowledgment of deeds and other instruments .affecting land situated in the District of Columbia or any other Territory or possession of the United States. Section 58: Provides for the continuation of United States laws applicable to Puerto Rico which are not inconsistent with the organic act; also repeals all United States laws which are applicable to Puerto Rico but inconsistent with the organic act. . GENERAL NATURE OF SECTIO S OR PARTS OF SECTIONS OF THE ORGANIC ACT TO BE REPEALED BY S. 3336 Section 2: Contains a bill of rights and other provisions of a protective nature. Section 4: Provides that the capital of Puerto Rico shall be at the city of San Juan. PROVISIONS RELATING TO EXECUTIVE BRANCH OF GOVERNMENT OF PUERTO RICO Section 12: Contains provisions relating to the election, tenure, qualifications, -and powers of the Governor of Puerto Rico. Section 12a: Prescribes procedure for impeachment of the Governor of Puerto Rico. Section 13: Creates the executive depp,rtments of the government of Puerto Rico. Section 14: Prescribes the duties and authority of the attorney general. Section 15: Prescribes the duties and authority of the treasurer of Puerto Rico. Section 16: Prescribcs the duties and authority of the commissioner of interior. Section 17: Prescribes the duties and authority of the commissioner of edu- ·cation. Section 18: Prescribes the duties and authority of the commissioner of agricul-ture and commerce. Section 18a: Prescribes the duties and authority of the commissioner of labor. Section 19: Prescribes the duties and authority of the commissioner of health. Section 20: Prescribes the duties and authority of the auditor. Section 21: Provides for appeal to the Governor from decisions of the auditor. Section 22: Provides for appointment of the executive secretary to the Gov- -ernor, and prescribes his duties and authority. Section 23: Provides for the transmission to the Congress of laws enacted by the Legislature of Puerto Rico. Section 24: Provides for succession to the office of Governor in the event of a vacancy in that office. PROVISIONS RELATING TO THE LEGISLATIVE BRANCH Section 25: Vests local legislative powers in a bicameral legislature consisting of a senate and house of representatives designated as "The Legislature of Puerto Rico." Section 26: Contains provisions relating to the election, number, qualifications, and term of office of members of the senate of Puerto Rico, and prescribes the powers of the senate. 8 GOVERNMENT BY THE PEOPLE OF PUERTO RICO Section 27: Contains provisions relating to the election, number, qualifications, and term of office of members of the house of representatives of Puerto Rico, and prescribes the powers of the house of representatives. Section 28: Provides for the division of Puerto Rico into representative and senatorial districts. Section 29: Provides for quadrennial elections. Section 30: Provides a 4-year term of office for senators and representatives, and prescribes the method of filling vacancies. Section 31: Provides a per diem and mileage allowance for senators and representatives. Section 32: Provides that the senate and house of representatives, respectively, shall be the sole judges of the elections, returns, and qualifications of their members. • Section 33: Provides for regular and special sessions of the Legislature of Puerto Rico. Section 34: Contains provisions relating to the legislative procedures to be followed in the Legislature of Puerto Rico, also contains provisions with respect to the approval or veto of legislation by the Governor of Puerto Rico, and approval or disapproval by the President of the United States of enactments of the Legisla­ture of Puerto Rico. Section 35: Prescribes the qualifications of voters. Section 37: The portion of this section to be repealed prohibits the creation of additional executive departments by the Legislature of Puerto Rico, but permits the consolidation or abolition of departments with the consent of the President of the United States. Section 38: Contains provisions relating to the organization and functions of the Public Service Commission of Puerto Rico. Section 39: Contains provisions relating to the issuance of franchises and privileges, and other miscellaneous matters. Section 40: Contains provisions relating to local courts of Puerto Rico. Section 49: Provides for the appointment by the Governor of Puerto Rico of certain court officers not subject to Presidential appointment. Section 49 (b): Contains provisions relating to the position of coordinator of Federal agencies in Puerto Rico. Section 50: Contains provisions relating to the payment of salaries of officials of Puerto Rico. . Section 51: Contains provisions relating to the payment of salaries of municipal officials of Puerto Rico. Section 52: Contains provisions relating to the continuation of incumbents of offices at the time the Organic Act of 1917 was passed. Section 53: Permits the Governor of Puerto Rico to reorganize bureaus within various departments. Section 56: Contains provisions relating to the continuance of the legislative and executive functions of the government of Puerto Rico until the Organic Act of 1917 becomes effective. Section 57: Provides for the continuance of the laws and ordinances of Puerto Rico in force and effect at the time the organic act became effective until such time as they are altered, amended, or repealed pursuant to the legislative authorit~· conferred upon the Legislature of Puerto Rico by the organic act. DEPARTMENT OF STATE, Washington, April 24, 1950. Hon. JOSEPH C. O'MAHONEY, Chairman, Committee on Interior and Insular Affairs, United States Senate. My DEAR SENATOR O'MAHONEY: This is in further reply to your letter of April 1, 1950, which was acknowledged April 4, 1950, transmitting for the com­ment of the Department of State, a copy of S. 3336, to provide for the organization of a constitutional government by the people of Puerto Rico. The Department of State believes it to be of the greatest importance that the Puerto Rican people be authorized to frame their own constitution as provided 27b GOVERNMENT BY THE PEOPLE OF PUERTO RICO 9 JACK K. McFALL, Assistant Secretary (For the Secretary of State). for in S. 3336, in order that formal consent of the Puerto Ricans may be given to their present relationship to the United States. It is believed that, with their own constitution, the high degree of internal self­government which the Puerto Ricans today enjoy in their voluntary association with the United States, will assume for them an added significance. Moreover, such action by our Government would be in keeping with the democratic principles of the United States and with our obligations under the Charter of the United Nations to take due account of the political aspirations of the people in our Terri­tories and to develop self-government in them. In view of the importance of "colonialism" and "imperialism" in anti-American propaganda, the Department of State feels that S. 3336 would have great value as a symbol of the basic freedom enjoyed by Puerto Rico, within the larger frame­work of the United States of America. The Department has be@fi informed by the Bureau of the Budget that bills providing for the drawing up and adoption of a constitution by the people of Puerto Rico (S. 3336 and H. R. 7674) would be fully in accord with the program of the President. Sincerely yours, F. J. LAWTON, Director. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington 25, D. C., April 18, 1950. Hon. JOSEPH C. O'MAHONEY, United States Senate, Washington, D. C. My DEAR SENATOR O'MAHONEY: Thjs is in reply to your request of April 1, 1950, for a report on S. 3336, a bill to provide for the organization of a consti­tutional government for the people of Puerto Rico. This bill, and the almost identical House bill, H. R. 7674, would permit people of Puerto Rico to draw up their own constitution within the existing relationship of Puerto Rico to the Federal Government. The people of Puerto Rico have exercised progressively greater powers of self-government, and enactment of legislation permitting them to adopt their own constitution would mark another significant step in the political progress of this island as a part of America. In view of these objectives, enactment of S. 3336 would be fully in accord with the program of the President. Sincerely yours, ApPENDIX A Pursuant to the provisions of clause 2a, rule XIII, of the Rules of the House of Representatives, proposed 'changes in existing law are indicated below with the matter proposed to be omitted in black brackets and the new matter proposed to be inserted in italics: ACT OF CONGRESS OF MARCH 2,1917, AS AMENDED (39 STAT. 951; 48 U. S. C. 731) ORGANIC ACT AN ACT To pro\'idl . '-i\'il government for Puerto Rico, and for other purposes Be it enacted by the Sen, 'lnd House of Representatives of the United States of America in Congress a,vsembled: That the provisions of this Act shall apply to the Island of Puerto Rico and to the adjacent islands belonging to the United States, and waters of those islands' and the name Puerto Rico as used in this Act shall be held to include not only th~ island of that name but all the adjacent islands as aforesaid. IL Rept. 2275,81-2----2 10 GOVERNMENT BY THE PEOPLE OF PUERTO RICO BILL OF RIGHTS .Section 2.-[That no law shall be enacted in Puerto Rico which shall deprive allY person of life, liberty, or property without due process of law or denv to any person therein the equal protection of the laws. ,. [That in all criminal prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense, to be informed of the nature and cause of the accusation, to have a copy thereof, to have a speedy and public trial, to be con­fronted with the witnesses against him, and to have compulsory process for ob­taining witnesses in his favor. [That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. [That all persons shall before conviction be bailable by sufficient sureties, ex-cept for capital offenses when the proof is evident or the presumption great. [That no law impairing the obligation of contracts shall be enacted. [That no person shall be imprisoned for debt. [That the privilege of the writ of habeas corpus shall not be suspended, unless when in case of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the Governor, whenever during such period the necessity for such suspension shall exist. [That no ex post facto law or bill of attainder shall be enacted. [Private property shall not be taken or damaged for public use except upon payment of just compensation ascertained in the manner provided by law. [Nothing contained in this Act shall be construed to limit the power of the Legislature to enact laws for the protection of the lives, health, or safety of em­ployees. [That no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust under the Government of Puerto Rico shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State, or any officer thereof. [That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [That the right to be secure against unreasonable searches and seizures shall not be violated. [That no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to bc seized. [That slavery shall not exist in Puerto Rico. [That involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall not exist in Puerto Rico. [That no law shall be passed abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. [That no law shall be made respecting an establishment of religion or pro­hibiting the free exercise thereof, and that the free exercise and enjoyment of religious profession and WOI'Ship without discrimination or preference shall for­ever be allowed, and that no political or religious test other than an oath to sup­port the Constitution of the United States and the laws of Puerto Rico shall be required as a qualification to any office or public trust under the Government of Puerto Rico. [That no public money or property shall ever be appropriated, applied, donated, used, directly or indirectly, for the use, benefit, or support of any sect, church, denomination sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other reli~ious teacher or dignitary as such. Contracting of polygamous or plural marrIages hereafter is prohibited. [That no money shall be paid out of the Treasury except in pursuance of an appropriation by law, and on warrant drawn by the proper officer in pursuance thereof. [That the rule of taxation in Puerto Rico shall be uniform. [That all money derived from any tax levied or assessed for a special purpose shall be treated as a special fund in the Treasury and paid out for such purpose only except upon the approval of the President of the United States. GOVE!RNMENT BY THE PEOPLE OF PUERTO RICO 11 [That eight hours shall constitute a day's work in all cases of employment of laborers and mechanics by and on behalf of the Government of the Island on public works, except in cases of emergency. [That the employment of children under the age of fourteen years in any occupation injurious to health or morale or hazardous to life or limb is hereby prohibited.] (Paragraph added by Act of Congress approved August 5,1947:) The rights. privileges, and immunities of citizens of the United States shall be respected in Puerto Rico to the same extent as though Puerto Rico were a State of the Union and subject to the provisions of paragraph 1 of section 2 of article IV of the Constitution of the United States. Section 3.-'--That no export duties shall be levied or collected on exports from Puerto Rico, but taxes and assessments on property, income taxes, internal revenue, and license fees, and royalties for franchises, privileges, and concessions may be imposed for the purposes of the insular and municipal governments, respec­tively, as may be provided and defined by the Legislature of Puerto Rico; and when necessary to anticipate taxes and revenues, bonds and other obligations may be issued by Puerto Rico or any municipal government therein as may be provided by law, and to protect the public credit; Provided, however, That no public indebtedness of Puerto Rico and the municipalities of San Juan, Ponce and Mayagtiez shall be allowed in excess of 10 per centum of the aggregate tax valuation of its property, and no public indebtedness of any other subdivision or municipality of Puerto Rico shall hereafter be allowed in excess of 5 per centum of the aggregate tax valuation of the property in any such subdivision or munici­pality, and all bonds issued·by the government of Puerto Rico, or by its authority, shall be exempt from taxation by the Government of the United States, or by the government of Puerto Rico or of any political or municipal subdivision thereof, or by any State, Territory, or possession, or by any county, municipality, or other municipal subdivision of any State, Territory, or possession of the United States, or by the District of Columbia. In computing the indebtedness of the people of Puerto Rico, municipal bonds for the payment of interest and principal of which the good faith of the people of Puerto Rico has heretofore been pledged and bonds issued by the people of Puerto Rico secured by bonds to an equivalent amount of bonds of municipal corporations or school boards of Puerto Rico shall not be counted, but all bonds hereafter issued by any municipality or subdivision within the 5 per centum hereby authorized for which the good faith of the people of Puerto Rico is pledged shall be counted.' And it is further provided, That the internal-revenue taxes levied by the Legis­lature of Puerto Rico in pursuance of the authority granted by tbis Act on articles, goods, wares, or marcbandise may be levied and collected as such legislature may direct, on the articles subject to said tax, as soon as the same are manufactured, sold, used, or brought into the Island; Provided, That no discrimination be made between the articles imported from the United States or foreign countries and similar articles produced or manufactured in Puerto Rico. The officials of the Customs and Postal Services of the United States are herebv directed to assist the appropriate officials of the Puerto Rican government in the collection of these taxes. [Section 4.-That the capital of Puerto Rico shall be at the city of San Juan, and the seat of Government shall be maintained there.] Section 5.2-That all citizens of Puerto Rico, as defined by section seven of the Act of April twelfth, nineteen hundred, "temporarily to provide revenues and a civil government for Puerto Rico, and for other purposes", and all natives of I By Public No. 236 tH. R. 8209) 74th Congress, approved August 3, 1935, refunding bonds of tbe Govern­ment of Puerto Rico shall not be included in computing the public indebtedness under this section, until 6 months after their issue, and By Public 264 (S. 1227) 74th Congress, approved August 13, 1935, bonds or other obligations of Puerto Rico or any municipal government therein, payable solely from revenues derived from any public improvemen't or undertaking and issued and sold to the United States ofAmerica or any agency or instrumentality thereof, shall not be considered public indebtedness within the meaning of this section. 'Nationality Act of 1940-Public No. 853-76th Congress-approved October 14, 1940, efTective 90 days thereafter. "Sec. 202.-All persons born in Puerto Rico on or after April 11, 1899, subject to the jurisdiction of the United States, residing on the efTective date of this Act in Puerto Rico or other territory over which the United States exercises ri~hts of sovereignty and not citizens of the United States under any other Act, are hereby declared to be citizens of the United States. "Sec. 322. A person born in Puerto Rico of alien parents, referred to in the last para~raph of section 5, Act of March 2,1917 (U. S. C., title 8, sec. 5), and in section 5 a, of the said Act, as amended by section 2 of the Act of March 4, 1927 (U. S. C., title 8, sec. 5 a), who did not exercise tho privilege granted of becoming a citizen of the United States, may make the declaration provided in said paragraph at any time, and from and after the making of such declaration shall be a citizen of the United States." 71 12 GOVERNMENT BY THE PEOPLE OF PUERTO RICO Puerto Rico who were temporarily absent from that island on April eleventh, eighteen hundred and ninety-nine, and have since returned and are permanently residing in that island, and are not citizens of any foreign country, are hereby declared, and shall be deemed and held to be, citizens of the United States; Provided, That any person hereinbefore described may retain his present political status by making a declaration, under oath, of his decision to do so within six months of the taking effect of this Act before the district court in the district in which he resides, the declaration to be in form as follows: "I, , being duly sworn, hereby declare my intention not to become a citizen of the United States as provided in the Act of Congress conferring United States citizenship upon citizens of Puerto Rico and certain natives permanently residing in said island." In the case of any such person who may be absent from the island during said six months the term of this proviso may be availed of by transmitting a declara­tion, under oath, in the form herein provided within six months of the taking effect of this Act to the Executive Secretary of Puerto Rico; And provided, further, That any person who is born in Puerto Rico of an alien parent and is permanently residing in that island may, if of full age, within six months of the taking effect of this Act, or if a minor, upon reaching his majority, or within one year thereafter, make a sworn declaration of allegiance to the United States before the United States District Court for Puerto Rico, setting forth therein all the facts connected with his or her birth and residence in Puerto Rico and accompanying due proof thereof, and from and after the making of such declaration shall be considered to be a citizen of the United States. Section 5a.-That all citizens of the United States who have resided or who shall hereafter reside in the island for one year shall be citizens of Puerto Rico: Provided, That personsb orn in Puerto Rico of alien parents, referred to in the lallt paragraph of section 5, who did not avail themselves of the privilege granted to them of be­coming citizens of the United States, shall have a period of one year from the approval of this Act to make the declaration provided for in the aforesaid section: And provided, further, That persons who elected to retain the political status of citizens of Puerto Rico may within one year after the passage of this Act become citizens of the United States upon the same terms and in the same manner as is provided for the naturalization of native Puerto Ricans born of foreign parents. Section 5b.-All persons born in Puerto Rico on or after April 11, 1899 (whether before or after the effective date of this Act) and not citizens, subjects, or nationals of any foreign power, are hereby declared to be citizens of the United States: Provided, That this Act shall not be construed as depriving any person, native of Puerto Rico, of his or her American citizenship heretofore otherwise lawfully acquired by such person; or to extend such citizenship to persons who shall have renounced or lost it under the treaties and/or laws of the United Slates or who are now residing permanently abroad and are citizens or subjects of a foreign country: And provided, further, That any woman, native of Puerto Rico and per­manently residing therein, who, prior to March 2, 1917, had lost her American nationality by reason of her marriage to an alien eligible to citizenship, or by reason of the loss of the United States citizenship by her husband, may be natural­ized under the provisions of section 4 of the Act of September 22, 1922, entitled "An Act relative to the naturalization and citizenship of married women", as amended. SectiO!l 5c.-That any person of good character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States, and born in Puerto Rico on or after April 11, 1899, who has continued to reside within the jurisdiction of the United States whose father elected on or before April 11, 1900, to preserve his allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain entered into on April 11, 1899, and who, by reason of misinformation regarding his or her own citizenship status failed within the time limits prescribed by section 5 or section 5a hereof to exercise the privilege of establishingUnited States citizenship and has heretofore erroneously but in good faith exercised the rights and privileges and performed the duties of a citizen of the United States, and has not personally sworn allegiance to any foreign govern­ment or ruler upon or after attainment of majority, may make a sworn declaration of allegiance to the United States before any United States district court. Such declaration shall set forth facts concerning his or her birth in Puerto Rico, good, character, attachment to the principles of the Constitution of the United States, and being well disposed to the good order and happiness of the United States, residence within the jurisdiction of the United States, and misinformation regard- GOVEiRNMENT BY THE PEOPLE OF PUERTO RICO 13 ing United States citizenship status, and shall be accompanied by proof thereof satisfactory to the court. After making such declaration and submitting such proofs, such person shall be admitted to take the oath of allegiance before the court, and thereupon shall be considered a citizen of the United States. Section 6.-That all expenses that may be incurred on account of the Govern­ment of Puerto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improve­ment or development of the island, not, however, including defenses, barracks, harbors, lighthouses, buoys, and other works undertaken by the United States, shall except as otherwise specifically provided by the Congress, be paid by the Treasurer of Puerto Rico out of the revenue in his custody. Section 7.-That all property which may have been acquired in Puerto Rico by the United States under the cession of Spain in the treaty of peace entered into on the tenth day of December, eighteen hundred and ninety-eight, in any public bridges, road houses, water powers, highways, unnavigable streams and the beds thereof, subterranean waters, mines or minerals under the surface of private lands, all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor works boards of Puerto Rico, all the harbor shores, docks, slips, reclaimed lands, and all public lands and buildings not heretofore reserved by the United States for public purposes, is hereby placed under the control of the Government of Puerto Rico, to be administered for the benefit of the people of Puerto Rico; and the Legislature of Puerto Rico shall have authority, subject to the limitations imposed upon all its acts, to legislate. with respect to all such matters as it may deem advisable. Pl'ovided, That the President may from time to time, in his discretion, convey to the people of Puerto Rico such lands, buildings, or interests in lands or other propertv now owned by the United States and within the territorial limits of Puerto Rico as in his opinion are no longer needed for purposes of the United States. And he may from time to time accept by legislative grant from Puerto Rico any lands, build­ings~ Tor other interests or property which may be needed for public purposes by the united States.! Section S.-That the harbor areas and navigable streams and bodies of water and submerged land underlying the same in and around the Island of Puerto Rico and the adjacent islands and waters, now owned by the United States and not reserved by the United States for public purposes be, and the same are hereby, placed under the control of the Government of Puerto Rico, to be administered in the same manner and subject to the same limitations as the property enu­merated in the preceding section: Provided, That all laws of the United States for the protection and improvement of the navigable waters of the United States and the preservation of the interests of navigation and commerce, except so far as the same may be locally inapplicable, shall apply to said Island and waters and to its adjacent islands and waters: Provided, jurther, That nothing in this Act contained shall be construed so as to affect or impair in any manner the terms or conditions of any authorizations, permits, or other powers heretofore lawfully granted or exercised in or in respect of said waters and submerged land in and su,rrounding said Island and its adjacent islands by the Secretary of War or other authorized officer or agent of the United States: And provided, jurther, That the Act of Congress approved June eleventh nineteen hundred and six, entitled "An Act to empower the Secretary of War, under certain restrictions, to authorize the con­struction, extension, and maintenance of wharves, piers, and other structures on lands underlying harbor areas in navigable streams and bodies of water in or surrounding Puerto Rico and the islands adjacent thereto" and all other laws and parts of laws in conflict with this section be, and the same are hereby, re­pealed. Section 9.-That the statutory laws of the United States not locally inappli­cable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Puerto Rico aa in the United States, except the internal­revenue laws: Provided, however, That hereafter all taxes collected under the internal-revenue laws of the United States on articles produced in Puerto Rico and transported to the United States, or consumed in the Island shall be covered into the Treasury of Puerto Rico. Section IO.-That all judicial process shall run in the name of "United States of America, 88, the President of the United States" and all penal or criminal prosecu­tion in the local courts shall be conducted in the name and by the authority of 1 Tbis proviso is in force and effect except AS to Federal propezty tbe title of wbicb is vested in tbe War Department. Under tbe Camp Tav!or prom,o (46 Stat. 1191), approved February 20, 1931, it is provided: "Hereafter no real estAte of tbe War Department sball be sold or disposed of witbout autbority of Congress and all acts in conflict berewitb are repealed." ~I 14 GOVERNMENT BY THE PEOPLE OF PUERTO RICO "The People of Puerto Rico"; and all officials shall be citizens of the United States, and, before entering upon the duties of their respective offices, shall take an oath to support the Constitution of the United States, and the laws of Puerto Rico. Section n.-That all reports required by law to be made by the Governor or heads of departments to any official of the United States shall hereafter be made to an executive department of the Government of the United States to be designated by the President, and the President is hereby authorized to place all matters per­taining to the Government of Puerto Rico in the jurisdiction of such department. EXECUTIVE DEPARTMENT [Section 12.-That the supreme executive power shall be vested in an executive officer, whose official title shall be "The Governor of Puerto Rico." At the general election in 1948 and each such election quadrennially thereafter the Governor of Puerto Rico shall be elected by the qualified voters of Puerto Rico and shall hold office for a term of four years commencing on the 2d day of January following the date of the election and until his successor is elected and qualified. 0 per­son shall be eligible as Governor unless at the time of the election he is a citizen of the United States, is at least thirty years of age, is able to read and write the English language, and has been a bona fide resident of Puerto Rico during the immediately preceding two years. Such election shall be held in the manner now or hereafter provided by law for the election of the Resident Commissioner. The ·Governor shall reside in Puerto Rico during his official incumbency and maintain his office at the seat of Government. He shall have general supervision and con­trol of all the departments and bureaus of the Government in Puerto Rico, so far as is not inconsistent with the provisions of this Act, and shall be commander in chief of the militia. He may grant pardons and reprieves and remit fines and forfeitures for offenses against the laws of Puerto Rico, and respites for all offenses against the laws of the United States until the decision of the President can be ascertained, and may veto any legislation enacted as hereinafter provided. He shall commission all officers that he may be authorized to appoint. He shall be responsible for the faithful execution of the laws of Puerto Rico and of the United States applicable in Puerto Rico, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Island or summon the posse comitatus, or call out the militia to prevent or suppress lawless violence, invasion, insurrection, or rebellion, and he may, in case of rebel­lion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Island or any part thereof, under martial law until communication can be had with the President and the President's decision therein made known. He shall annually, and at such other times as he may be required, make official report of the transactions of the Government of Puerto Rico to the executive department of the Government of the United States to be designated by the President as herein provided, and his said annual report shall be transmitted to Congress, and he shall perform such addi­tional duties and functions as may in pursuance of law be delegated to him by the President.] [Section 12a.-The Governor shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. The house of representatives of Puerto Rico shall have the sole power of impeach­ment. Impeachment shall require the concurrence of two-thirds of all of the members of the house of representatives. The senate of Puerto Rico shall have the sole power to try all impeachments. When sitting for that purpose they shall be on oath or affirmation and the chief justice of the supreme court of Puerto Rico shall preside. No person shall be convicted without the concurrence of three-fourths of all the members of the senate. Judgment in cases of impeach­ment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the government of Puerto Rico. The person convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law.] [Section 13.-That the following executive departments are hereby created: A Department of Justice, the head of which shall be designated as the Attorney General; a Department of Finance, the head of which shall be designated as the Treasurer; a Department of Interior, the head of which shall be designated as the Commissioner of the Interior; a Department of Education, the head of which shall be designated as the Commissioner of Education; a Department of Agri­( lulture and Commerce, the head of which shall be designated as the Commissioner (If Agriculture and Commerce; a Department of Labor, the head of which shall GOVEiRNMENT BY THE PEOPLE OF PUERTO RICO 15 be designated as the Commissioner of Labor; and a Department of Health, the head of which shall be designated as the Commissioner of Health. The heads of the executive departments set forth in the first sentence of this section shall be appointed by the Governor by and with the advice and consent of the senate of Puerto Rico. Each shall hold office during the continuance in office of the Governor by whom he is appointed and until his successor is qualified, unless sooner removed by the Governor. [Heads of departments shall reside in Puerto Rico during their official incum­bency, and those appointed by the Governor shall have resided in Puerto Rico for at least one year prior to their appointment. [The heads of departments shall collectively form a council to the Governor, known as the Executive Council. They shall perform, under the general super­vision of the Governor, the duties hereinafter prescribed, or which may hereafter be prescribed by law, and such other duties, not inconsistent with law, as the Governor, with the approval of the President, may assign to them; and they shall make annual and such other reports to the Governor as he may require, which shall be transmitted to the executive department of the Government of the United States to be designated by the President as herein provided; Provided, That the duties herein imposed upon the heads of departments shall not carry with them any additional compensation.] [Section 14.-That the Attorney General shall have charge of the administra­tion of justice in Puerto Rico; he shall be the legal adviser of the Governor and the heads of departments and shall be responsible for the proper representation of the people of Puerto Rico or its duly constituted officers in all actions and proceedings, civil or criminal, in the Supreme Court of Puerto Rico in which the people of Puerto Rico shall be interested or a party, and he may, if directed by the Governor or if in his judgment the public interest requires it, represent the people of Puerto Rico or its duly constituted officers in any other court or before any other officer or board in any action or proceeding, civil or criminal, in which the people of Puerto Rico may be a party or be interested. He shall also rerform such other duties not inconsistent herewith as may be prescribed by law.J [Section 15.-That the treasurer shall give bond, approved as to form by the attorney general of Puerto Rico, in such sum as the legislature may require, not less, however, than the sum of $125,000, with surety or sureties approved by the governor, and he shall collect and be the custodian of public funds, and shall dis­burse the same in accordance with law on warrants si~ned by the auditor and countersigned by the governor, and perform such other duties as may be provided by law. He may designate banking institutions in Puerto Rico and the United States as depositaries of the government of Puerto Rico, subject to such conditions as may be prescribed by the governor, after they have filed with him satisfactory evidence of their sound financial condition and have deposited bonds of the United States or of the government of Puerto Rico or other security satisfactory to the governor in such amol111ts as may be indicated by him; and no banking institution shall be designated a depositary of the government of Puerto Rico until the fore­going conditions have been complied with. Interest on deposits shall be required and paid into the treasury.] [Section 16.-That the commissioner of the interior shall superintend all works of a public nature, have charge of all public buildings, grounds, and lands, except those belonging to the United States, and shall execute such requirements as may be imposed by law with respect thereto, and perform such other duties as may be prescribed by law.] [Section 17.-That the commissioner of education shall superintend public instruction throughout Puerto Rico: all proposed disbursements on account thC'l'i"of must be approved by him, and all courses of study shall be prepared by him, subject to disapproval by the governor if he desires to act. He shall prepare rl1le~ governing the selection of teachers, and appointments of teachers by local school boards shall be subject to his approval, and he shall perform such other duties, not inconsistent with this Act, as may be prescribed by law.] [Section 18.-That the commissioner of agriculture and commerce shall have general charge of such bureaus and branches of government as have been or shall be legally constituted for the study, advancement, and benefit of agriculture, commerce and other industries; the chief purpose of this department being to foster, promote, and develop the agricultural interests and the welfare of the farmers of Puerto Rico; to improve their market conditions, and to advance their opportunities for profitable sale of their products, and shall perform such other duties as may be prescribed by law.]